3 Alaska Admin. Code § 110.190

Current through October 17, 2024

Section 3 AAC 110.190 - Boundaries

(a) The proposed expanded boundaries of the borough must conform generally to natural geography and must include all land and water necessary to provide the development of essential municipal services. In this regard, the commission may consider relevant factors, including

(1) land use and ownership patterns;

(2) ethnicity and cultures;

(3) repealed 1/9/2008;

(4) existing and reasonably anticipated transportation patterns and facilities;

(5) natural geographical features and environmental factors; and

(6) extraterritorial powers of boroughs.

(b) Absent a specific and persuasive showing to the contrary, the commission will presume that an area that is not contiguous to the annexing borough, or that would create enclaves in the annexing borough, does not include all land and water necessary to allow for the development of essential municipal services.

(c) When considering the annexation of area to a borough, the commission may review

(1) the model borough boundaries for the area for which annexation is proposed;

(2) regional boundaries, including

(A) boundaries of one or more regional educational attendance areas existing in the area proposed for annexation;

(B) federal census area boundaries;

(C) boundaries for regional Native corporations under 43 U.S.C. 1601 - 1629 h (Alaska Native Claims Settlement Act); and

(D) boundaries of national forests;

(3) whether the borough will, following the proposed annexation, embrace a maximum area and population with common interests;

(4) whether the annexation promotes maximum local self-government, as determined under 3 AAC 110.981;

(5) whether the annexation promotes a minimum number of local government units, as determined under 3 AAC 110.982 and in accordance with art. X, sec. 1, Constitution of the State of Alaska; and

(6) whether the proposed borough boundaries are the optimum boundaries for that region in accordance with art. X, sec. 3, Constitution of the State of Alaska.

(d) Repealed 1/9/2008;

(e) If a petition for annexation to a borough describes boundaries overlapping the boundaries of an existing organized borough, the petition for annexation must also address and comply with the standards and procedures for detachment of the overlapping region from the existing organized borough.

(f) A petition for annexation to a borough may not include only a portion of the territory of an existing city government.

(g) Requirements relating to limitation of community, as set out in 3 AAC 110.130(c), do not apply to boroughs.

3 AAC 110.190

Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185

Authority: Art. X, sec. 1,

AS 29.06.040

AS 44.33.812

Ak Const.

Art. X, sec. 3,

Ak Const.

Art. X, sec. 12,

Ak Const.